Most states do differentiate between rapes of various degrees, but the kind of scenarios in this thread are not how they make the distinction. The scenarios discussed in this thread or more like excuses for the perp's behavior. That kind of consideration shows up at sentencing if at all and not in distinguishing between levels of felony.
For first degree rape many states require force with a weapon; or after breaking into a house; or that includes torture or perversion. The age of the victim and whether the victim is mental retarded sometimes also push rape into the first rather than the second degree. Third degree rape usually involves force of the employment or blackmail variety rather than physical force. Sometimes statutory rape is defined as rape in the second or third degree. Sometimes whether statutory rape is 1st or 2nd degree hinges on whether the perp knew or should have known the age of the victim. It all depends on the particular state's law.
I don't think that having 1st through 3rd degree rape belittles the suffering of the victim. It simply acknowledges that bad can be worse.
For first degree rape many states require force with a weapon; or after breaking into a house; or that includes torture or perversion. The age of the victim and whether the victim is mental retarded sometimes also push rape into the first rather than the second degree. Third degree rape usually involves force of the employment or blackmail variety rather than physical force. Sometimes statutory rape is defined as rape in the second or third degree. Sometimes whether statutory rape is 1st or 2nd degree hinges on whether the perp knew or should have known the age of the victim. It all depends on the particular state's law.
I don't think that having 1st through 3rd degree rape belittles the suffering of the victim. It simply acknowledges that bad can be worse.
If there is a god, I want to believe that there is a god. If there is not a god, I want to believe that there is no god.
